A handout photo of Indonesia's parliament on August 14, 2020. (Photo: AFP/Parliament)
Rights activists and journalists have called on Indonesia's House of Representatives to have a transparent deliberation on the final draft revision of its criminal code in order to prevent human rights violations.
The Law and Human Rights Ministry submitted the final draft revision of the criminal code containing 632 articles to parliament on July 6.
However, Human Rights Watch (HRW) said in a statement on July 7 that the 2019 version of the draft law raised concerns that its provisions could violate the rights of women, religious minorities and LGBT people as well as rights to freedom of speech and association.
According to HRW, the bill can effectively censor the dissemination of information about contraception and criminalize some abortions “thereby setting back women and girls’ rights under international law to make their own choices about having children.”
HRW also said the bill, which does not specifically mention same-sex conduct since it is not legally recognized, can effectively make all same-sex conduct a criminal offense and can expand the 1965 blasphemy law.
“Ensuring that Indonesia’s long-awaited revised criminal code respects the rights and freedoms of all Indonesians means providing a reasonable opportunity for everyone to discuss and debate its provisions,” Phil Robertson, HRW’s deputy Asia director, said in the statement.
“The government should immediately release the latest text of the draft code and arrange sessions for public participation.”
Calling on the government not to rush consideration on the bill, he said “pursuing a path of transparency, consultation, and participation, with importance given to Indonesia’s international human rights obligations is the best way to ensure the new law works for the people rather than to repress them.”
Meanwhile, the Journalist Safety Committee, an association of 10 groups of journalists and rights activists, claimed that the government set a limit on public participation in the drafting process of the bill.
“This is a bad precedent. We must respond to this issue because journalists and the press industry will be affected by the bill in general.,” they said.
“We want transparency in its deliberation to ensure that freedom of the press is completely protected and journalists will not become victims of the bill’s catchall articles.”
They cited Articles 218 and 219 as examples.
Based on the bill, those found guilty of attacking the honor and dignity of the president and vice-president face imprisonment of up to 3.5 years and 4.5 years if committed using a technological device.
“We want the government and parliament to give a wide space to the public so that they can give input and constructive criticism,” they said.
“We want them to ensure that the bill guarantees freedom of the press and civil liberty as well as the freedom to expression, to gather and to speech which are guaranteed by the 1945 Constitution.”
Similarly, Azas Tigor Nainggolan, coordinator of the human rights desk of the Indonesian Bishops’ Commission for Justice and Peace and Pastoral for Migrant-Itinerant People, said any bill must uphold constitutional principles.
“If not, a judicial review is unavoidable. It means a legal product is questionable,” he told UCA News.
Echoing the rights activists and journalists, he urged parliament to hold a transparent deliberation of the bill in order to prevent problems in the future.
Yet, he said a new criminal code law “is urgently needed as the existing law dates back to the Dutch colonial era.”
